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| TODAY'S TOP DEVELOPMENTS |
Tuesday October 7, 2014 |
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Industry news, expert analysis, and daily updates on the most significant insurance coverage legal developments—from the insurance and legal experts of The National Underwriter Company.
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Superstorm Sandy
Insurer Could Not Rely on NFIP Rules Where Policy Did Not "Expressly State" that They Applied
A federal district court in New York has ruled that an insurance company that participated in the National Flood Insurance Program as a Write Your Own company could not rely on NFIP rules to interpret the policy where it had not informed the insured – an attorney – that they applied, and where it had waived a provision of the law otherwise applicable to the policy. Read More
Commercial General Liability
Texas Appeals Court Finds that "Own, Rent, or Occupy" Exclusion Barred Coverage for Roof Damage at Leased Premises
A Texas appellate court has ruled that the term "occupy" in an "own, rent, or occupy" exclusion in a commercial general liability insurance policy that did not otherwise define occupy required (1) a continued physical presence, and (2) control of the premises for the insured's own benefit. The appellate court, reversing a trial court's decision, then concluded that a tenant occupied the premises, including the roof, at the time of the incident and that the exclusion precluded coverage. Read More
Employer Liability
Statutory Cap on Recoveries Against Governments Did Not Apply to Municipal Police Officer Sued in His Individual Capacity, Alabama Supreme Court Holds
The Alabama Supreme Court has ruled that the $100,000 statutory cap on damages for claims against a municipality did not apply when a municipal police officer, acting outside his employment with the municipality, was sued in his individually capacity. Read More
Commercial Auto
Employer's Auto Policy Prohibits Louisiana Workers' Compensation Corporation from Taking Credit Against Future Payments
An appellate court in Louisiana, reversing a trial court's decision, has ruled that the Louisiana Workers' Compensation Corporation was not entitled to a credit against its obligation for future compensation payments to an employee who had been involved in an automobile accident where the employer's uninsured motorist insurance carrier made payments on behalf of the employee, finding that the employer's policy explicitly prohibited a workers' compensation insurer from receiving any benefit from proceeds of the policy. Read More |
View All Case Law Developments |
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Federal Actions
MetLife Challenges SIFI Designation
MetLife, Inc., is challenging the decision by the Financial Stability Oversight Council that preliminarily designated it as a non-bank systemically important financial institution. Read More
In the Sates
Florida Office of Insurance Regulation Approves Removal of Up to 215,488 Additional Policies from Citizens Property Insurance
The Florida Office of Insurance Regulation has approved the removal of up to 211,080 personal residential policies and 4,408 commercial residential and non-residential polices from Citizens Property Insurance Corporation. Read More
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View All Legislative/Regulatory Developments |
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| Validus Holdings Completes Acquisition of Western World Insurance Read More |
The Hartford Expands Voluntary Benefits Product Suite Read More |
Oliver Bäte to Become CEO of Allianz; Company Announces Board Appointments Read More |
USAA Petitions FAA to Test Unmanned Aircraft Systems Read More |
Ed Meehan Honored with the National Risk Retention Association's Karen Cutts Award Read More |
View All Industry News |
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INSURANCE COVERAGE
LAW REPORT |
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View Entire October/November Insurance Coverage Law Report |
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| View Insurance Coverage Law Report Archives |
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| FC&S Legal Editorial Advisory Board |
Mitchell J. Auslander, Willkie Farr & Gallagher LLP
Carrie Cope, Schuyler, Roche & Crisham, P.C.
Anjali C. Das, Wilson Elser
John F. Finnegan, Chadbourne & Parke LLP
Michele L. Jacobson, Stroock & Stroock & Lavan LLP
Timothy P. Law, Reed Smith LLP
Donald S. Malecki, Malecki, Deimling, Nielander &
Associates, LLC |
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Cort T. Malone, Anderson Kill & Olick, P.C.
D. Milone, Kelley Drye & Warren LLP
Joseph P. Monteleone, Rivkin Radler LLP
Anne M. Murray, Rivkin Radler LLP
Jerold Oshinsky, Kasowitz, Benson, Torres &
Friedman LLP
Seth B. Schafler, Proskauer Rose LLP
David D. Thamann, The National Underwriter Company |
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FC&S Daily Legal Report ($1,295 annual subscription) is included as part of your subscription to FC&S Legal: The Insurance Information Center. FC&S Daily Legal Report and The Insurance Coverage Law Report are publications of The National Underwriter Company. For more information, visit www.fcandslegal.com. To subscribe to FC&S Legal, please contact customer service at 1-800-543-0874 or customerservice@SummitProNets.com.
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| FC&S Legal: The Insurance Coverage Law Information Center |
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